2007 Oregon Code - Chapter 683 :: Chapter 683 - Optometrists - Opticians
Chapter 683 —
Optometrists; Opticians
2007 EDITION
OPTOMETRISTS; OPTICIANS
OCCUPATIONS AND PROFESSIONS
OPTOMETRISTS
(Generally)
683.010Â Â Â Â Definitions
for ORS 683.010 to 683.310
683.020Â Â Â Â License
required to practice optometry
683.030Â Â Â Â Persons
and practices not affected
683.035Â Â Â Â Discrimination
against optometrists prohibited
(Licensing)
683.040Â Â Â Â Qualifications
of applicants
683.060Â Â Â Â Examination
of applicants; fee
683.070Â Â Â Â Issuance
of certificates of licensure; fee
683.080Â Â Â Â Validity
of certificates issued under former law
683.100Â Â Â Â Notice
to board of place of practice; responsibility for advertisements; notice given
by board
683.110Â Â Â Â Optometrist
to give receipt when practicing away from regular place of business
683.120Â Â Â Â License
renewal; fee; effect of failure to renew license
683.130Â Â Â Â Clinics
and instructors connected with educational institutions
683.140Â Â Â Â Grounds
for and nature of discipline; civil penalties
683.155Â Â Â Â Hearing
683.165Â Â Â Â Confidential
information; liability of person providing information
683.170Â Â Â Â Sanction
may be set aside by board
683.180Â Â Â Â Prohibited
acts and practices
683.190Â Â Â Â Acceptance
of lens for duplication by unlicensed person prohibited; exception
683.200Â Â Â Â Standards
of liability; removal of foreign bodies from eye; treatment with antiglaucoma
medication
683.210Â Â Â Â Continuing
education requirement; fee; rules
683.220Â Â Â Â Licensing
of applicant holding license in another state
(Optometric Nontopical Formulary)
683.240Â Â Â Â Council
on Optometric Nontopical Formulary; membership; duties; formulary and protocols
(State Board)
683.250Â Â Â Â
683.260Â Â Â Â Persons
ineligible for membership on board
683.270Â Â Â Â Powers
and duties of board; rules
683.278Â Â Â Â Continuing
authority of board upon lapse, suspension, revocation or voluntary surrender of
license
683.290Â Â Â Â Disposition
of receipts
683.310Â Â Â Â Professional
corporation regulation not required
(Enforcement)
683.325Â Â Â Â Investigation
of complaints and alleged violations; subpoenas
683.330Â Â Â Â Injunction
for violation
683.335Â Â Â Â Report
of suspected violation; confidentiality of complaints; liability of complainant
OPTICIANS
683.510Â Â Â Â Definitions
for ORS 683.520 to 683.530
683.520Â Â Â Â Scope
of practice of optician
683.525Â Â Â Â Acceptance
of lens for duplication
683.530Â Â Â Â Discrimination
against opticians prohibited
PENALTIES
683.990Â Â Â Â Penalties
OPTOMETRISTS
(Generally)
     683.010
Definitions for ORS 683.010 to 683.310. As used in ORS 683.010 to 683.310, unless the context requires
otherwise:
     (1) “Board” means the Oregon Board of
Optometry.
     (2) “Optometric nontopical formulary”
means the list of nontopical pharmaceutical agents for the treatment of
diseases of the human eye and the protocols for their usage adopted by the
Council on Optometric Nontopical Formulary under ORS 683.240 (2).
     (3) “Practice of optometry” means the
employment of any means other than invasive or laser surgery, or the
prescription of Schedule I and II drugs or pharmaceutical agents that are not
on the optometric nontopical formulary, for diagnosis and treatment in the
human eye, for the measurement or assistance of the powers or range of human
vision or the determination of the accommodative and refractive states of the
human eye or the scope of its functions in general or the adaptation of lenses
or frames for the aid thereof, subject to the limitations of ORS 683.040.
     (4) “Trial frames” or “test lenses” means
any frame or lens used in testing the eye which is not sold and not for sale. [Amended
by 1971 c.102 §1; 1975 c.175 §1; 1989 c.443 §1; 1991 c.904 §4; 1991 c.967 §1;
2001 c.632 §1]
     683.020
License required to practice optometry. No person shall engage in the practice of optometry or purport in any
way to be an optometrist or an expert in the field of optometry without having
first obtained a license from the Oregon Board of Optometry as provided for in
ORS 683.010 to 683.335. In any prosecution for the violation of this section,
the use of test cards, test lenses or of trial frames is prima facie evidence
of the practice of optometry. [Amended by 1971 c.102 §2; 1987 c.443 §1]
     683.030
Persons and practices not affected. ORS 683.010 to 683.335 shall not be construed:
     (1) To prevent any person duly licensed to
practice medicine and surgery from treating or fitting glasses to the human
eye;
     (2) To prohibit the sale of complete
ready-to-wear eye glasses as merchandise from a permanent place of business in
good faith and not in evasion of ORS 683.010 to 683.335 by any person not
purporting to be competent to examine and prescribe for the human eye;
     (3) To prohibit vision or eye care
practices by persons working under the direct supervision of an optometrist
authorized to practice in this state; or
     (4) To prohibit vision screening by
employees of a school or of the Department of Transportation. [Amended by 1999
c.490 §1]
     683.035
Discrimination against optometrists prohibited. No official, board, commission or other
agency of the state or of any of its political subdivisions or municipalities
shall discriminate between duly licensed optometrists and any other person
authorized by law to render professional services which a duly licensed
optometrist may render, when such services are required. Such services shall be
paid for in the same manner and under the same standards as similar
professional services. [1963 c.121 §1]
(Licensing)
     683.040
Qualifications of applicants.
(1) Every person desiring to commence the practice of optometry in this state
must show satisfactory evidence of graduation from a school of optometry that
is approved by the Oregon Board of Optometry and that maintains a standard of
four school years of at least nine months each.
     (2) Every person desiring to commence the
practice of optometry or employ the use of pharmaceutical agents shall in
addition to the requirements of subsection (1) of this section:
     (a) Have satisfactorily completed a course
in pharmacology, as it applies to optometry, by an institution accredited by a
regional or professional accreditation organization that is approved by the
board with particular emphasis on the application of pharmaceutical agents for
the purpose of diagnosis and treatment in the human eye, approved by the board;
and
     (b) Demonstrate to the satisfaction of the
board clinical competency in the prescription of pharmaceutical agents listed
on the optometric nontopical formulary. [Amended by 1971 c.102 §3; 1975 c.175 §2;
1985 c.103 §3; 1991 c.967 §2; 1993 c.27 §1; 2001 c.632 §2]
     683.050 [Repealed by 1977 c.842 §39 and 1983 c.241 §1]
     683.060
Examination of applicants; fee.
(1) Any person who has signified to the Oregon Board of Optometry a desire to
be examined by it and who has filed proof that the person is qualified under
ORS 683.010 to 683.335 and the rules of the board to take the examination shall
pay a fee to be determined by the board. The applicant shall be examined in the
anatomy of the eye, in the use of pharmaceutical agents in optometry, in normal
and abnormal refractive and accommodative and muscular conditions and
coordination of the eye, in subjective and objective optometry, including the
fitting of glasses, the principles of lens grinding and frame adjusting, and in
such other subjects as pertain to the science and practice of optometry, such
subjects to be enumerated in a publication by the board.
     (2) The board may, in its discretion,
require the certificate of successful examination of the National Board of
Examiners in Optometry in one or more areas of the examination in lieu of its
examination in such areas.
     (3) If an applicant fails to pass a second
examination, the board may permit additional examinations upon compliance by
the applicant with the law and the rules of the board.
     (4) Any person who petitions the board to
prescribe and administer pharmaceutical agents who has not previously been
examined by the board on such use shall pass an examination on the use and
potential side effect of such agents as used in optometry and shall demonstrate
to the satisfaction of the board clinical competency in the prescription of
pharmaceutical agents listed on the optometric nontopical formulary and
pharmaceutical agents approved by the board for topical use. [Amended by 1955
c.120 §1; 1971 c.102 §4; 1975 c.175 §3; 1977 c.243 §1; 1991 c.967 §3; 1993 c.28
§1; 1997 c.643 §27; 2001 c.632 §3]
     683.070
Issuance of certificates of licensure; fee. Each applicant, without discrimination, who meets the requirements for
examination and licensure and who pays the fee shall be issued a certificate of
licensure. The certificate of licensure shall continue in force for the period
established by the Oregon Board of Optometry. [Amended by 1955 c.120 §2; 1971
c.102 §5; 1973 c.827 §71; 1985 c.103 §4; 1987 c.443 §2; 1997 c.630 §1; 1997
c.643 §28a]
     683.080
Validity of certificates issued under former law. Any person holding an unrevoked certificate
issued under chapter 139, Oregon Laws 1905, as amended, shall be entitled to
continue the practice of optometry as though it were issued under ORS 683.010
to 683.335 and such certificate shall be subject to renewal, revocation and
suspension the same as though it has been issued under ORS 683.010 to 683.335.
     683.090 [Repealed by 1971 c.102 §11]
     683.100
Notice to board of place of practice; responsibility for advertisements; notice
given by board. (1) Before
engaging in the practice of optometry each optometrist shall notify the Oregon
Board of Optometry in writing of the address of the place or places where the
optometrist is to engage or intends to engage in the practice of optometry and
the optometrist also shall notify the board of any change in place of practice.
Each optometrist is responsible for any advertisement regarding services
rendered at such location.
     (2) The board shall keep a record showing
the registered address of each optometrist.
     (3) Any notice required to be given by the
board to any optometrist may be given by mailing it to the optometrist at the
last registered address of the optometrist through the
     683.110
Optometrist to give receipt when practicing away from regular place of
business. Any optometrist
who temporarily practices optometry outside or away from the regular registered
place of business shall deliver to each customer or person there fitted or
supplied with glasses a receipt which shall contain the signature and show the
permanent registered place of business and the number of the license of the
optometrist, together with a specification of the lenses furnished and amount
charged therefor. [Amended by 1987 c.443 §4]
     683.120
License renewal; fee; effect of failure to renew license. (1) Each optometrist who practices in this
state shall on the date established by the Oregon Board of Optometry pay a
license fee, as determined by the board, for a renewal of the license of the
optometrist and shall have such license conspicuously posted in the office of
the optometrist or place of business at all times. Each optometrist who is
retired, has a disability or is a nonresident of the State of
     (2) A person who is no more than 30 days
delinquent in renewing the license may renew the license upon payment to the
board of the required fee plus a delinquent fee. If a person is more than 30
days delinquent in renewing the license, the license is automatically suspended
by the board upon 30-day notice given to the licensee. A certified letter
addressed to the last-known address of the licensee failing to comply with the
requirements is sufficient notice.
     (3) A person who is more than 60 days
delinquent in renewing the license may be required to take an examination and
pay the examination fee as required in ORS 683.060 before a license is issued.
The board may, upon application, waive the examination requirement. [Amended by
1953 c.235 §2; 1959 c.88 §1; 1963 c.79 §1; 1967 c.22 §5; 1971 c.102 §6; 1973
c.182 §4; 1981 c.642 §1; 1987 c.443 §5; 1991 c.703 §27; 1997 c.630 §2; 1997
c.643 §29; 2007 c.70 §312]
     683.130
Clinics and instructors connected with educational institutions. Any university or college of optometry in
     683.140
Grounds for and nature of discipline; civil penalties. (1) The Oregon Board of Optometry may
discipline as provided in this section any optometrist or person, where
appropriate, for the following causes:
     (a) Conviction of a felony or misdemeanor
where such an offense bears a demonstrable relationship to the duties of an
optometrist. The record of conviction, or a certified copy thereof certified by
the clerk of the court or by the judge in whose court the conviction is had,
shall be conclusive evidence of such conviction.
     (b) Securing a license by practicing fraud
or deceit upon the board.
     (c) Unprofessional conduct, or for gross
ignorance or inefficiency in the profession.
     (d) Obtaining any fee by fraud or
misrepresentation.
     (e) Employing directly or indirectly any
suspended or unlicensed optometrist to perform any work covered by ORS 683.010
to 683.335.
     (f) Advertising optometric services or
treatment or advice in which untruthful, improbable, misleading or deceitful
statements are made.
     (g) Habitual or excessive use of
intoxicants, drugs or controlled substances.
     (h) Permitting another person to use the
optometristÂ’s license.
     (i) Using advertisements that do not
indicate that a licensed optometrist is practicing at the advertised location
or locations or advertising optometric services without having a licensed
optometrist at the location or locations.
     (j) Advertising professional methods or
professional superiority.
     (k) Failing to comply with the
requirements for continuing education.
     (L) Violating the federal Controlled
Substances Act.
     (m) Prescribing controlled substances
without a legitimate optometric purpose, or without following accepted
procedures for examination of patients or for record keeping.
     (n) Failing to report to the board any
adverse action taken against the optometrist or person by another licensing
jurisdiction, health regulatory board, peer review body, health care
institution, professional optometric society or association, governmental
agency, law enforcement agency or court for acts similar to conduct that would
constitute grounds for disciplinary action as described in this section.
     (o) Having been disciplined by any health
regulatory board of another state based on acts similar to acts described in
this section. A certified copy of the record of disciplinary action of the
health regulatory board taking the disciplinary action is considered conclusive
evidence of the action.
     (p) Any violation of the provisions of ORS
683.010 to 683.335.
     (2) When disciplining an optometrist or
other person as authorized by subsection (1) of this section, the Oregon Board
of Optometry may do any or all of the following:
     (a) Deny an initial license;
     (b) Revoke, suspend or refuse to renew a
license;
     (c) Place the optometrist on probation;
     (d) Impose limitations on the optometrist;
or
     (e) Take other disciplinary action as the
board in its discretion finds proper, including the assessment of the costs of
the disciplinary proceedings as a civil penalty or assessment of a civil
penalty not to exceed $10,000 for each violation, or both. [Amended by 1971
c.102 §7; 1973 c.69 §6; 1979 c.142 §3; 1985 c.103 §5; 1987 c.443 §6; 2005 c.379
§3]
     683.150 [Repealed by 1971 c.734 §21]
     683.155
Hearing. (1) Where the
Oregon Board of Optometry proposes to refuse to issue a license, or proposes,
where written charges have been filed with the board which the board considers
sufficient to warrant a hearing, to impose any disciplinary sanction or civil
penalty under ORS 683.140, opportunity for hearing shall be accorded as
provided in ORS chapter 183.
     (2) Judicial review of orders under
subsection (1) of this section shall be as provided in ORS chapter 183. [1971
c.734 §128; 1985 c.103 §6]
     683.160 [Repealed by 1971 c.734 §21]
     683.165
Confidential information; liability of person providing information. (1) Any information that the Oregon Board of
Optometry obtains under ORS 683.140 is confidential as provided under ORS
676.175.
     (2) Any person who in good faith provides
information to the board shall not be subject to an action for civil damages as
a result thereof. [1989 c.438 §4; 1997 c.791 §34]
     683.170
Sanction may be set aside by board. Any disciplinary sanction, other than civil penalty, imposed for any
of the causes listed in ORS 683.140, except those specified in ORS 683.140
(1)(a) and (b), may be set aside upon application of the affected person at any
time within six months from the date of such sanction upon proof being made to
the satisfaction of the Oregon Board of Optometry that the cause no longer
exists and that the applicant has been sufficiently punished. However, before
setting aside the revocation of any license the board may, in its discretion,
require the applicant to pass the regular examination given for applicants. [Amended
by 1985 c.103 §7; 1987 c.443 §7; 2005 c.379 §4]
     683.180
Prohibited acts and practices.
A person may not:
     (1) Sell or barter, or offer to sell or
barter, any license issued by the board.
     (2) Purchase or procure by barter any such
license with intent to use it as evidence of the holderÂ’s qualification to
practice optometry.
     (3) Alter the license with fraudulent
intent in any material regard.
     (4) Use or attempt to use any such license
which has been purchased, fraudulently issued, counterfeited or materially
altered as a valid license.
     (5) Practice optometry under a false or
assumed name.
     (6) Willfully make any false statement in
a material regard in an application for an examination before the board or for
a license.
     (7) Practice optometry in this state
without having at the time of so doing a valid unrevoked license as an
optometrist.
     (8) Advertise or represent, by displaying
a sign or otherwise, to be an optometrist without having at the time of so
doing a valid unrevoked license from the board.
     (9) Dispense or sell an ophthalmic contact
lens without having obtained a valid, unexpired prescription from the person to
whom the contact lens is dispensed or sold. As used in this subsection, “ophthalmic
contact lens” means a contact lens with or without refractive power, including
a
     683.190
Acceptance of lens for duplication by unlicensed person prohibited; exception. (1) No person other than a licensed
optometrist shall accept or offer to accept for purposes of duplication any
ophthalmic lens ordinarily used before the human eye for corrective purposes or
for assisting vision.
     (2) Notwithstanding subsection (1) of this
section, any manufacturing, surfacing or dispensing optician may grind any such
lens in conformity with the signed prescription or instruction, followed by a
written prescription, of any optometrist duly licensed to practice in this
state and any dispensing optician may supply any such lens in conformity with
the prescription.
     (3) Immediately upon completion of the
necessary visual examination or examinations performed by a licensed
optometrist, the optometrist shall provide the patient with the appropriate
written prescription for correcting refractive errors, if any, in the eyesight
of the patient. [Amended by 1987 c.443 §9; 1989 c.530 §1; 1993 c.727 §1]
     683.200
Standards of liability; removal of foreign bodies from eye; treatment with
antiglaucoma medication. (1)
Optometrists utilizing pharmaceutical agents shall be held to the same
standards of liability as persons licensed as physicians to practice medicine
and surgery by the Oregon Medical Board under ORS chapter 677.
     (2) Notwithstanding ORS 683.010 (3), an
optometrist may remove superficial foreign bodies from the eye and its
appendages.
     (3)(a) An optometrist treating a patient
with antiglaucoma medication shall consult with an ophthalmologist if:
     (A) The glaucoma progresses despite the
use of two glaucoma medications;
     (B) More than two medications are required
to control the glaucoma; or
     (C) A secondary glaucoma develops.
     (b) Glaucoma shall be considered to be
progressing if, in comparison to prior examinations, there is a reproducible
worsening of the patientÂ’s visual field as measured by standard threshold
testing or if there is a worsening of the patientÂ’s optic nerve as measured by
direct observation or standard imaging technology or by rising eye pressure
despite the use of medication. Glaucoma shall be considered to be under control
if target eye pressure, individualized for each patient, is maintained with no
abnormal glaucomatous progression.
     (c) For purposes of this subsection, a
combination medication that contains two pharmacologic agents shall be
considered one medication. [2007 c.818 §2]
     Note: 683.200 was added to and made a part of
683.010 to 683.310 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     683.210
Continuing education requirement; fee; rules. (1) All optometrists licensed in the State of
     (2) Attendance at any approved courses or
other approved means of continuing education are to be certified to the board
upon a form provided by the board and shall be submitted by each optometrist at
the time designated by the board but in any case no less frequently than once
every two years. In addition to other means of providing such courses and
education facilities, the board is authorized to contract for the providing of
educational programs to fulfill the requirements of this section and ORS
683.140. The board is further authorized to treat funds set aside for the
purpose of continuing education as state funds for the purpose of accepting any
funds made available under federal law on a matching basis for the promulgation
and maintenance of programs of continuing education. In no instance may the
board require a greater number of hours of study than it provides or approves
in the State of
     (3) The board may levy an additional fee
for each license renewal to carry out the provisions of this section and ORS
683.140.
     (4) After giving written notice to all
licensees and holding a public hearing, the board shall promulgate rules and
regulations necessary to carry out the provisions of this section and ORS
683.140. [1973 c.69 §§2,4,5; 1987 c.443 §10; 1997 c.506 §1; 1997 c.643 §30]
     683.220
Licensing of applicant holding license in another state. The Oregon Board of Optometry may grant to
an applicant a license by endorsement for the practice of optometry in the
State of
     (1) Holds a license for the practice of
optometry obtained by examination in another state of the
     (2) Continuously engaged in the practice
of optometry for not less than two years immediately preceding the application
to the board;
     (3) Has educational qualifications the
board considers equivalent to the educational requirements necessary for
licensing by the board at the time the applicant commenced the practice of
optometry. The educational requirements shall include passing the National Board
of Examiners in Optometry examination or its equivalent, as determined by the
board;
     (4) Meets the requirements for Therapeutic
Pharmaceutical Agent certification established by rule by the board;
     (5) Passes a written examination approved
by the board on
     (6) Submits documentation satisfactory to
the board of continuing optometric education hours equivalent to the
requirements established by ORS 683.210; and
     (7) Pays the application fee set by the
board. [1977 c.243 §3; 1985 c.103 §8; 1987 c.443 §11; 1991 c.67 §184; 2001
c.458 §1]
(Optometric
Nontopical Formulary)
     683.240
Council on Optometric Nontopical Formulary; membership; duties; formulary and
protocols. (1)(a) The
Council on Optometric Nontopical Formulary is established and shall consist of
seven members appointed as follows:
     (A) One member of the Oregon Board of
Optometry appointed by the Oregon Board of Optometry;
     (B) One member who is a pharmacist
licensed by the State Board of Pharmacy or a person with an advanced degree in
pharmacology or pharmacognosy appointed by the State Board of Pharmacy;
     (C) One member of the Oregon Medical Board
appointed by the Oregon Medical Board;
     (D) One member of the faculty of the
Oregon Health and Science University School of Medicine appointed by the Oregon
Medical Board;
     (E) One member who is a physician licensed
under ORS chapter 677 appointed by the Oregon Medical Board after consideration
of three qualified nominees provided by the Oregon Academy of Ophthalmology;
     (F) One member who is a practicing
optometrist appointed by the Oregon Board of Optometry after consideration of
three qualified nominees from the Oregon Optometric Physicians Association; and
     (G) One member with a degree in optometry
or ophthalmology who is a member of the faculty at a college of optometry
appointed by the Oregon Board of Optometry.
     (b)(A) The chair of the council shall be
elected by a majority of the members.
     (B) The term of office of each member of
the council shall be two years. A member shall serve until a successor is
appointed. If a vacancy occurs, it shall be filled for the unexpired term by a
person with the same qualifications as the vacating member.
     (C) Any member of the council who fails to
attend two consecutive meetings of the council, whether regular or special,
shall forfeit office unless the council member is prevented from attending by
serious illness of the member or of a member of the council memberÂ’s family.
     (D) Meetings of the council shall be
called at the request of the chair or at the request of two or more members of
the council.
     (E) Members of the council shall serve
without compensation.
     (2) After public hearings, the council
shall determine the substances to be included in the optometric nontopical
formulary that may be used by an optometrist under ORS 683.010 (3). The council
shall review the formulary periodically. Immediately upon adoption or revision
of the formulary, the council shall transmit the approved formulary to the
Oregon Board of Optometry. The board shall adopt the formulary or a portion of
the formulary. If the council approves protocols for the use of a nontopical
pharmaceutical agent and the board adopts the portion of the formulary listing
that agent, the board must also adopt those protocols. The board may not expand
or add to the formulary submitted for adoption in any manner. [2001 c.632 §7]
     Note: 683.240 was added to and made a part of
683.010 to 683.310 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
(State Board)
     683.250
     683.260
Persons ineligible for membership on board. (1) No person is eligible to membership on the Oregon Board of
Optometry who is a stockholder in, or owner of, or a member of the faculty of
or of the board of trustees of any school of optometry. The person appointed to
represent health consumers and any person in the immediate family of the person
shall not have any direct or indirect relationships to health care
professionals, to the health care industry or to the ophthalmic optical
industry.
     (2) No member of the board shall be
financially interested in any purchase or contract in which the board is
interested. No member of the board shall be financially interested in the sale
of any property or optical supplies to any prospective candidate for
examination before the board. [Amended by 1981 c.203 §2; 1983 c.243 §1]
     683.270
Powers and duties of board; rules. The powers and duties of the Oregon Board of Optometry are as follows:
     (1) To organize and elect from its
membership a president and vice president of the board, each of whom shall hold
office for one year, or until the election and qualification of a successor.
     (2) To adopt and use a common seal.
     (3) To employ agents and inspectors to
secure evidence of and report on all violations of this chapter and to employ
other necessary assistance in the carrying out of the provisions of this
chapter, and to pay the same from the funds provided in ORS 683.010 to 683.335.
     (4) To hold regular meetings at least once
a year at which an examination of applicants for licenses shall be held at such
places as the board shall from time to time designate, and special meetings
upon request of a majority of the members of the board or upon the call of the
president.
     (5) To keep an accurate record of all
proceedings of the board and of all of its meetings, of all prosecutions for
violations of ORS 683.010 to 683.335, and of all examinations held for
applicants for licenses, with the names and addresses of all persons taking
examinations and their success or failure to pass such examinations. All the
records of the board shall be public and shall be kept in the office of the
board.
     (6) To keep an accurate inventory of all
property of the board and of the state in the possession of the board and to
obtain a receipt therefor from its successor.
     (7) To keep a register of optometrists
which shall contain the names and addresses of all persons to whom licenses
have been issued in the State of Oregon, together with the date of the issuance
of the license and the place or places of business in which each optometrist is
engaged, and all renewals, revocations and suspensions thereof.
     (8) To grant or refuse to grant licenses
as provided in ORS 683.010 to 683.335 and to impose any of the sanctions for
any of the causes specified in ORS 683.140.
     (9) To administer oaths and take testimony
upon granting and revoking or suspending any certificate of registration or any
other certificate established by the board for the protection of the public.
     (10) To designate pharmaceutical agents
for topical use in the practice of optometry with the advice and guidance of
the Oregon Medical Board.
     (11) To adopt rules not inconsistent with
the laws of this state as are necessary or proper to carry out the lawful
powers and duties of the board, as may be necessary or proper to establish
license fees and license terms or duration, to determine the qualifications of
applicants for a license and of licensees to practice optometry in this state,
and to establish educational and professional standards for such applicants,
subject to the laws of this state. If an applicant fails to pass a second
examination the board may adopt rules which may provide the required courses of
study before further examination. [Amended by 1953 c.599 §2; 1955 c.120 §3;
1963 c.78 §1; 1967 c.22 §2; 1973 c.829 §65; 1975 c.175 §4; 1983 c.389 §4; 1985
c.103 §9; 1987 c.443 §13; 1989 c.443 §2; 1991 c.904 §5; 1991 c.967 §4; 1993
c.816 §1; 1997 c.630 §3; 2001 c.632 §4; 2007 c.818 §3]
     683.275 [1967 c.22 §4; 1969 c.314 §84; 1985 c.103 §10;
repealed by 1997 c.643 §34]
     683.278
Continuing authority of board upon lapse, suspension, revocation or voluntary
surrender of license. The
lapse, suspension or revocation of a license by operation of law, by order of
the Oregon Board of Optometry or by decision of a court of law, or the
voluntary surrender of a license by a licensee, shall not deprive the board of
jurisdiction to proceed with any investigation of or any action or disciplinary
proceeding against the licensee, or to revise or render null and void an order
suspending or revoking the license. [2001 c.456 §2]
     Note: 683.278 was added to and made a part of ORS
chapter 683 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     683.280 [Amended by 1973 c.829 §66; 1985 c.103 §11;
repealed by 1997 c.643 §34]
     683.290
Disposition of receipts. (1)
All moneys received by the Oregon Board of Optometry under ORS 683.010 to
683.335 shall be deposited into an account established by the board as provided
under ORS 182.470. Moneys deposited into the account hereby are appropriated
continuously to the board and shall be used only for the administration and
enforcement of ORS 182.456 to 182.472 and 683.010 to 683.335.
     (2) Notwithstanding subsection (1) of this
section and ORS 182.470, all civil penalties collected or received for
violations of or in prosecutions under ORS 683.010 to 683.335 shall be paid to
the account described under subsection (1) of this section.
     (3) All fines collected or received for
violations of or in prosecutions under ORS 683.010 to 683.335 shall be paid to
the Criminal Fine and Assessment Account.
     (4) In addition to making expenditures for
the administration and enforcement of ORS 683.010 to 683.335, the Oregon Board
of Optometry may make expenditures for educational purposes out of funds
available. [Amended by 1959 c.88 §2; 1963 c.77 §1; 1971 c.102 §10; 1973 c.427 §24;
1991 c.460 §8; 1997 c.630 §4; 1997 c.643 §33; 1999 c.1084 §66]
     683.300 [Repealed by 1971 c.743 §432]
     683.310
Professional corporation regulation not required. ORS 58.345 does not apply to professional
corporations engaged in the practice of optometry. [1985 c.103 §16]
(Enforcement)
     683.325
Investigation of complaints and alleged violations; subpoenas. (1) Upon the complaint of any citizen of
this state, or upon its own motion, the Oregon Board of Optometry may
investigate any alleged violation of ORS 683.010 to 683.335.
     (2) In the conduct of investigations, the
board may:
     (a) Take evidence;
     (b) Take the depositions of witnesses,
including the person charged, in the manner provided by law in civil cases;
     (c) Compel the appearance of witnesses,
including the person charged, before the board in person the same as in civil
cases;
     (d) Require answers to interrogatories;
and
     (e) Compel the production of books,
papers, accounts, documents and testimony pertaining to the matter under
investigation.
     (3) In exercising its authority under
subsection (2) of this section, the board may issue subpoenas over the
signature of the board chairperson and the seal of the board in the name of the
State of
     (4) Upon receipt of a complaint under ORS
683.010 to 683.335, the board shall conduct an investigation as described under
ORS 676.165. [1989 c.843 §6; 1997 c.791 §35]
     683.330
Injunction for violation.
The Attorney General, the prosecuting attorney of any county or the Oregon
Board of Optometry, in its own name, may maintain an action for an injunction
against any person violating any provision of ORS 683.020, 683.180 or 683.190.
An injunction may be issued without proof of actual damage sustained by any
person. An injunction does not relieve a person from criminal prosecution for
violation of any provision of ORS 683.020, 683.180 or 683.190 or from any other
civil, criminal or disciplinary remedy. [2005 c.379 §1]
     683.335
Report of suspected violation; confidentiality of complaints; liability of
complainant. (1) Any health
care facility required to be licensed under ORS 441.015 and any licensed
optometrist shall and any other person may report suspected violations of ORS
683.010 to 683.155 and 683.170 to 683.290 by optometrists.
     (2) Any information provided to the board
pursuant to this section is confidential and shall not be subject to public
disclosure.
     (3) Any health facility or optometrist who
reports to the board as required by subsection (1) of this section in good
faith shall not be subject to an action for civil damages as a result thereof. [1985
c.103 §13; 1987 c.443 §14]
OPTICIANS
     683.510
Definitions for ORS 683.520 to 683.530. As used in ORS 683.520 to 683.530, “dispensing optician” means a person
who prepares and dispenses lenses, eyeglasses and appurtenances thereto to the
intended wearers thereof on written prescriptions from a physician licensed
under ORS chapter 677 or an optometrist and, in accordance with such
prescriptions, measures, adapts, adjusts and fabricates such lenses, eyeglasses
and appurtenances for the aid or correction of visual or ocular anomalies of
the human eye. [1991 c.904 §3; 1995 c.79 §344]
     683.520
Scope of practice of optician.
Any dispensing optician may fabricate any ophthalmic lens in conformity with
the signed prescription, or oral instruction followed by a written
prescription, of any optometrist or person duly licensed to practice medicine
in this state. Any dispensing optician may supply any ophthalmic lens in conformity
with the prescription and the specified expiration date thereof. [1991 c.904 §1]
     683.525
Acceptance of lens for duplication. Notwithstanding ORS 683.190, a dispensing optician may accept or offer
to accept for purposes of duplication any ophthalmic lens, excluding any
contact lens, when the optician is presented with a whole lens by the person
requesting the duplicate lens. [1993 c.516 §2]
     683.530
Discrimination against opticians prohibited. No official, board, commission or other agency of this state or any
political subdivision or municipality in the state shall discriminate between
dispensing opticians and any other persons authorized by law to render
professional services that a dispensing optician may render, when such services
are required. Such services shall be paid for in the same manner and under the
same standards as are similar professional services. [1991 c.904 §2]
PENALTIES
     683.990
Penalties. Violation of any
of the provisions of ORS 683.010 to 683.335 is a Class A misdemeanor. [Amended
by 1971 c.743 §408; 2005 c.379 §5]
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